Podcast
Questions and Answers
Unlawful aggression is one of the requirements for justifying circumstances in defense.
Unlawful aggression is one of the requirements for justifying circumstances in defense.
True
Acting in defense of a stranger does not require the same initial conditions as acting in defense of oneself.
Acting in defense of a stranger does not require the same initial conditions as acting in defense of oneself.
False
A person can avoid criminal liability if they damage another person while trying to prevent a greater injury.
A person can avoid criminal liability if they damage another person while trying to prevent a greater injury.
True
Provocation by the person being defended against negates the possibility of a justified defense.
Provocation by the person being defended against negates the possibility of a justified defense.
Signup and view all the answers
A person can justify their actions in defense of an adopted sibling under the same rules as biological siblings.
A person can justify their actions in defense of an adopted sibling under the same rules as biological siblings.
Signup and view all the answers
A person following a superior's lawful order cannot incur criminal liability under any circumstances.
A person following a superior's lawful order cannot incur criminal liability under any circumstances.
Signup and view all the answers
A reasonable necessity of the means employed is not essential for a defense claim to be valid.
A reasonable necessity of the means employed is not essential for a defense claim to be valid.
Signup and view all the answers
Imputability refers to the quality by which an act can be ascribed to a person.
Imputability refers to the quality by which an act can be ascribed to a person.
Signup and view all the answers
Responsibility implies that an act committed has been freely and consciously done.
Responsibility implies that an act committed has been freely and consciously done.
Signup and view all the answers
Guilt refers to the honor of taking penal and civil consequences of a crime.
Guilt refers to the honor of taking penal and civil consequences of a crime.
Signup and view all the answers
Justifying circumstances occur when a person is deemed not to have transgressed the law.
Justifying circumstances occur when a person is deemed not to have transgressed the law.
Signup and view all the answers
Self-defense requires proof that there was a lawful aggression by the accused.
Self-defense requires proof that there was a lawful aggression by the accused.
Signup and view all the answers
The burden of proof in self-defense cases lies with the accused.
The burden of proof in self-defense cases lies with the accused.
Signup and view all the answers
Unlawful aggression must include a merely threatening or intimidating attitude.
Unlawful aggression must include a merely threatening or intimidating attitude.
Signup and view all the answers
A paramour can invoke self-defense if they kill the offended husband during an act of adultery.
A paramour can invoke self-defense if they kill the offended husband during an act of adultery.
Signup and view all the answers
The necessity of compelling circumstances is one of the requisites for lawful defense.
The necessity of compelling circumstances is one of the requisites for lawful defense.
Signup and view all the answers
Study Notes
Justifying Circumstances
- Justifying circumstances indicate scenarios where individuals do not incur criminal liability.
- Requirement for self-defense: unlawful aggression, reasonable necessity of defense means, and lack of sufficient provocation.
- Defense of relatives includes spouse, ascendants, descendants, siblings, and relatives by affinity within the fourth civil degree, provided the same requisites for self-defense apply.
- Defense of a stranger is justifiable under the same conditions as self-defense, with the absence of malicious motives.
- Preventive acts to avoid greater harm must ensure that the threat is real, the injury inflicted is lesser, and there are no less harmful alternatives.
- Actions taken in fulfilling a duty or lawful exercise of rights are exempt from criminal liability.
- Compliance with lawful superior orders does not incur liability.
Circumstances Affecting Criminal Liability
- Categories include Justifying Circumstances, Exempting Circumstances, Mitigating Circumstances, Aggravating Circumstances, and Alternative Circumstances.
Imputability
- Refers to the quality allowing attribution of an act to a person, denoting the act was performed freely and consciously.
Responsibility
- Obligation to bear the consequences of a crime, encompassing both penal and civil repercussions.
Guilt
- A critical aspect of responsibility; an individual must be proven guilty for accountability.
Self-Defense
- The burden of proof rests with the accused, requiring evidence to be clear, convincing, and satisfactory.
- Self-defense extends to protecting not just oneself, but also legal rights including rights to life, property, and honor.
Lawful Defense
- Justified by the innate human instinct for self-preservation and the state’s failure to prevent unjust aggression.
- Recognized as a right and an act of social justice to counter unlawful aggression.
Requisites for Self-Defense
- Unlawful Aggression: Must be actual, sudden, and capable of causing harm; mere threats do not qualify.
- Reasonable Necessity: Means of defense employed must be suitable and necessary to repel the aggression.
- Lack of Sufficient Provocation: The defender must not have provoked the aggression.
Unlawful Aggression Insights
- Two types of aggression exist: lawful (within rights or duties) and unlawful (threatening).
- A person caught in a personal dispute, such as a paramour in adultery, cannot claim self-defense against a spouse assaulting them.
- Unlawful aggression must present an immediate threat, not merely a perceived or intimidating stance.
- Actual and imminent dangers must be present for a claim of self-defense to hold validity, ruling out preemptive or retaliatory actions without real peril.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz explores the justifying circumstances under which an individual may not incur criminal liability, specifically focusing on self-defense and defense of others. Test your understanding of the necessary conditions and legal principles involved in defending oneself or others in various situations.
